Aimed to prohibit discrimination against protected classes, groups, or characteristics of people, anti-discrimination or non-discrimination laws comprise some of the most important laws in the field of employment. Generally, private employers are prohibited by federal employment anti-discrimination laws from discriminating against individuals under their employment based on protected attributes, categories, and characteristics that include but are not limited to race/color, citizenship status, national origin, age, and sex. In addition, although a good number of them expand and mirror protections and provisions of many federal laws, various states have enacted, passed, and implemented their own anti-discrimination laws.

With respect to specific protected attribute(s), we have, in this blog, analyzed key provisions, statutes, and protections of federal employment anti-discrimination laws and compared them with their counterparts under New York state laws. Specifically, in relation to the protections and provisions provided under various local, state, and federal employment anti-discrimination laws, genetic information is the protected characteristic/category discussed herein. Other protected attributes, categories, classes, and characteristics will be discussed in upcoming blogs.

It is crucial to note that while laws, such as the Family and Medical Leave Act and Fair Labor Standards Act, which aim to create protections or benefits for employees other than protections against discrimination, have not been included in the analysis, only those statutes and laws that seek to prohibit discrimination have been included in the analysis and comparison.

Another key thing to note is that while the information provided only applies to private employers, several laws aimed at prohibiting retaliation against employees covered by different protections and provisions of various local, state, and federal laws have also been included in the analysis and comparison.

It is also important to note that for the purposes of record, the information provided herein was current as of February 10, 2022.

Key Statutes & Protections Against Employment Discrimination Based on Genetic Information

Federal Laws

  1. Genetic Information Nondiscrimination Act of 2008 (GINA) – Pursuant to 42 U.S.C. § 2000ff(4)(A), (B), GINA is a major federal law that prohibits discrimination against individuals based on their genetic information. The type and kind of information related to genetic information that is protected by GINA include (1) the manifestation of disorder(s) or disease(s) in members of a family, (2) genetic tests of a person’s members of a family, and (3) a person’s genetic tests. Additionally, as codified under 42 U.S.C. § 2000ff(4)(C), information concerning a person’s age or sex is not included as part of one’s “genetic information.” Furthermore, pursuant to 42 U.S.C. § 2000ff(4)(B), participation in genetic research and genetic services are also protected by GINA.

New York Laws

  1. New York Equal Pay Act (NYEPA) – Pursuant to Y. Lab. Law § 194, the NYEPA protects New York employees or job applicants from being discriminated against based on their predisposing genetic attributes.
  2. New York State Human Rights Law (NYSHRL) – Like NYEPA, the NYSHRL also protects individuals against discrimination based on their predisposing genetic attributes pursuant to Y. Exec. Law §§ 292(21-a), (21- b); 296(1), (19)(a). Under this law, predisposing genetic attributes is defined as any inherited chromosome or gene, or alteration thereof, and medically believed to predispose a person or his/her offspring(s) to a disability or disease or inferred from information derived from a family member or individual, or determinable through a genetic test or to be linked to a statistically significant rise in the risk of developing a mental or physical disability or disease. Further, genetic test, which is often aimed at identifying a predisposing genetic attribute, is described as a test used to determine the absence or presence of an inherited genetic attribute in a person, including nucleic acid tests such as proteins, chromosomes, mitochondrial (deoxyribonucleic acid) DNA or (ribonucleic acid) RNA, or (deoxyribonucleic acid) DNA.

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.